T2424 Bid Amendment 2.pdf

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

PHILIP D. MURPHY

Governor

State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

10/24/2024

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 24DPP00924

T2424 – Surveillance and Access Control Security Systems

Current Quote Submission Due Date: November 17, 2023 (2:00 p.m. Eastern Time) REVISED Quote Submission Due Date: January 10, 2024 (2:00 p.m. Eastern Time) 2nd Electronic Question and Answer Period: November 8, 2023 (2:00 p.m.

Eastern Time)

Bid Amendment #2

The following constitutes Bid Amendment #2 to the above referenced Bid Solicitation:

• This Bid Amendment includes answers to electronic questions submitted during the first electronic Question and Answer period;

• Please note that the Using Agency of this Contract has been changed from Division of Revenue & Enterprise Services (DORES) Interdepartmental Security Unity (ISU) to Division of Property Management and Construction (DPM&C) Security Services Unit (SSU). All Attachments and Exhibits have been updated to reflect this change;

• Please note that Attachment 2 – Bid Solicitation Checklist 9/5/2023” has been deleted and replaced with “Attachment 2 – Bid Solicitation Checklist 10/24/2023”.

• Please note that for all additions, deletions, clarifications, and modifications were made to “ATTACHMENT 3 – T2424 Price Sheet 9/5/2023”. Please refer to “ATTACHMENT 3 – T2424 REVISED Price Sheet 10/24/2023”;

• Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to T2424 REVISED Bid Solicitation 10/24/2023. The following additions and/or revisions are included in the Revised Bid Solicitation:

o Section 1.1, Purpose and Intent, revised;

o Section 1.2, Background, revised;

o Section 3.12, Quote Content, revised;

o Section 3.13.12, State of New Jersey Security Due Diligence Third-Party Information Security

Questionnaire, deleted in its entirety;

o Section 3.24, State-Supplied Price Sheet Instructions, revised;

o Section 4.3.2.1, Normal Service, revised;

o Section 4.4.1, Project Service Task and Consulting Services Proposal General Requirements, revised;

o Section 5.4, Ownership of Material, revised;

o Section 5.9, Electronic Payments, revised;

o Section 6, Data Security Requirements – Contractor Responsibility, deleted and replaced in its entirety;

o Section 8.14, Poor Performance, revised;

o Section 9.1, Crosswalk, deleted and replaced in its entirety;

o Section 9.2, Definitions, revised; and o Section 9.3, Contract Specific Definitions, revised.

• The second electronic Question and Answer period will be received until 2:00 p.m. Eastern time on

November 8, 2023. Questions that will be considered will be limited only to subject matter related to the following:

o The revisions to the Revised Bid Solicitation Sections listed above, refer to “T2424 REVISED Bid Solicitation10/24/2023”; and o The revisions to the revised State-Supplied Price Sheet, refer to “ATTACHMENT 3 – T2424 REVISED Price Sheet 10/24/2023”.

Please refer to Bid Solicitation Section 2.1 Electronic Question and Answer Period for more information related to submitting electronic questions.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments.

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation #24DPP00924 T2424 – Surveillance and Access Control Security Systems

Answers to Questions

Where applicable, each question references the appropriate Bid Solicitation section.

# Bid Solicitation Section Reference Question (Bolded) and Answer

1 Quote Submission

Q: Please confirm a Bidder may deliver a hardcopy quote instead of submitting a response electronically.

A; Please be advised that all Quotes shall be submitted electronically through

NJSTART.

2 Quote Submission

Q: Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

A: Yes. Prior to the Quote Opening Deadline, a Bidder should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a Bidder should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote, which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

3 PDF Documents

Q: When trying to open a Portable Document Format (PDF), I am receiving an error message and am unable to access the PDF. How should I proceed?

A: It is recommended that users utilize Microsoft Edge to view PDFs. Certain PDF forms cannot be opened in the Chrome or Firefox built in PDF viewers that are enabled by default. If using Chrome or Firefox it is recommended that the file is downloaded instead by clicking the download button in the upper right-hand corner of the browser after an error message is received. An alternative option is to disable the built in PDF viewers in Chrome or Firefox.

4 Exceptions

Q: Will the State allow Bidders to take exception to any of the Standard Terms and Conditions?

As stated in Bid Solicitation Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s).” Moreover, as stated in Bid Solicitation Section 3.11, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.

Section 2.1 –

Electronic Question and Answer Period

Q: Will there be an ability provided to seek clarification if necessary to the answers provided to vendor questions in the Q&A after the Q&A period closes

A: There will be a second electronic Question and Answer period during which Bidders can ask questions regarding the changes made to the Bid Solicitation as listed above in this Bid Amendment. Questions will be received until 2:00 p.m.

Eastern Time on November 8, 2023. All questions will be limited to the changes made to the Bid Solicitation as a result of this Bid Amendment only.

6 Section 3.13.10 – Affirmative Action

Q: Does [BLANK] current affirmative action form in our vendor provider meet all of the requirements of this section. Or is additional information needed?

A: The State cannot comment on a particular Bidder’s forms prior to Quote submission. It is the responsibility of the Bidder to complete and submit all requirements of this Bid Solicitation. Information , instruction, and the application for affirmative action can be found at https://www.state.nj.us/treasury/contract_compliance/index.shtml

7 Section 3.13.12

Q: Where can the STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE be found?

A: The State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire is not applicable to this procurement. Please see “T2424 REVISED Bid Solicitation 10/24/2023” for more information.

8 Section 3.13.12

Q: Will information required to complete the Questionnaire be provided prior to bid submission? (e.g. NJ State Government Department/Agency Sponsor Information, Information Security Officer, Agency Privacy Officer)

A: Please refer to Question #7.

9 Section 4.1

Q: Why is there an advantage to a vendor who is certified in both AIU and OSSI since OSSI is becoming obsolete within the State of NJ?

A: The State maintains a Service and Software Support Agreement with ACRE and OSSI. It is more advantageous to the State if a Bidder is certified in more than one security system services.

Section 4.3.1 –

Contractor Selection Process for

Maintenance/Repairs Service Calls

Q: When calculating an all-inclusive hourly rate shall the contractor include items such as the 1% fee for all work issued through NJ Start, Insurances, travel, gas and additional cost?

A: An hourly rate is comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all https://www.state.nj.us/treasury/contract_compliance/index.shtml documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

11 Section 4.3.2.1 – Normal Service

Q: What craft for prevailing rate for service shall be used when a service including materials and labor exceed the minimum threshold?

A: Any potential wage classifications cannot be determined hypothetically, and would need to be determined by the Contractor based on the scope of any proposed future work after award of this Bid Solicitation.

12 Section 4.3.2.1 –

Q: 2. Prevailing Wage- This is a prevailing wage contract. If only one person is working on the job it is my understanding that that person must be paid Foreman wages and not Journeyman. Is that correct?

A: The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq., is made part of every contract entered into on behalf of the State of New Jersey. Any work performed must be conducted in accordance with New Jersey law and the specific facts at the time the work is performed.

13 Section 4.3.2.1 –

3. Prevailing Wage â?? It is my understanding that the prevailing wage trade to be used for this bid is Electrician. Is that correct?

A: Refer to the answer to Question 12.

14 Section 4.3.2.1 –

Q: Some vendors are not paying prevailing wage for certain services.

Should there be a line item for non prevailing wage rate service? If the vendors are saving money by doing this shouldnâ??t the state save money also?

A: Refer to the answer to Question 12.

Section 4.4.2 –

Project Schedule for

Q: Why is a project schedule needed for service calls?

A: Project schedules are requested for work that is being performed as a result of the mini-bid process. Project schedules are not needed for service calls.

Section 4.12.6 –

Security Network and Automation Tasks

Q: Are vendors responsible for inputting and converting the cardholder database?

A: Unless specified in the mini-bid RFQ, this will be completed by the SSU.

Section 7.1.1 –

Professional Liability Insurance

Q: The NJ Standard Terms and Conditions requires General Liability limits of $1,000,000.00 per occurrence; the specification asks for $2,000,000 per occurrence at the discretion of the Director. Is this a mandatory requirement for all set-aside categories?

A: Yes. Section 7 of the Bid Solicitation lists modifications to the New Jersey State Standard Terms and Conditions (SSTC) which are mandatory for this Contract. Bid Solicitation Section 7.1.1. Professional Liability Insurance, provides additions to Section 4.2 of the SSTC which are now required conditions of this Contract. The professional liability insurance for this Bid Solicitation shall be in the amount of not less than $2,000,000 per each occurrence.

Attachment 1 - New Jersey State

Standard Terms and Conditions (SSTC) -

Section 4.1 - Indemnification

Q: Modify as redlined: A. Indemnification for Third Party Claims- The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith as a result of contractorâ??s negligence or negligence of contractorâ??s subcontractors which shall arise from or result directly . . . Reason for suggested change: In order for us to price competitively, we need a balanced indemnity language that is limited to claims caused by our negligence or parties we control, like our subs. If the harm is caused by someone else, our company should not be responsible

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Jersey State

Standard Terms and Conditions (SSTC) –

Section 4.3 – Limitation of Liability

Q: Modify as redlined: The Contractorâ??s liability to the State for actual, direct damages resulting from the Contractorâ??s performance or non-performance of, or in any manner related to this Contract, for any and all claims, shall be limited in the aggregate to 200% of the total value of this Contract. This limitation of liability shall not apply to the following: A.The Contractorâ??s obligation to indemnify the State of New Jersey and its employees from and against any third-party claim, demand, loss, damage, or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or materials supplied by the Contractor under this Contract caused by negligence or willful misconduct of the Contractor; B. The Contractorâ??s breach of its obligations of confidentiality; and C.The Contractorâ??s liability with respect to copyright indemnification. The Contractorâ??s indemnification obligation is not limited by but is in addition to the insurance obligations. Reason for suggested change: â?¢We cannot commit to a numeric value for the limitation of liability until we ascertain the value of the contract. â?¢The clarification in part A is commensurate with our third-party indemnification obligations in section 4.1.

â?¢Regarding section C, this is a commercial transaction and we cannot be expected to take on an unreasonable amount of liability.

A: The State does not accept this proposed modification. Terms and conditions

Jersey State Standard Terms and

Q: Will the state consider selective price increases if the initial term of 3 years for the contract becomes extended in year 4?

Conditions (SSTC) - Section 6.1 – Price Fluctuation During

Contract

A: The State will not modify the pricing structure at this time, pursuant to the State of NJ Standard Terms and Conditions (SSTC) Section 6.1. A price increase may be considered by the State in an exceptional situation.

Jersey State Standard Terms and Conditions (SSTC) - Section 6.1 – Price Fluctuation During

Contract

Q: Can you please define exceptional situation in which the State may consider a price adjustment?

A: The State considers price adjustments on a case-by-case basis and will not offer any hypothetical examples of these situations.

22 Attachments

Q: 1. Exhibit A and B show a list of ISU locations. Included as part of this bid I believe through amendments in the last Master Blanket were other State agencies such as NJMVC, NJDOT and perhaps more. Those agencies have standardized on other Video and Access control Equipment other than RS2. Iâ??ve seen Avigilon for Access control and Video Surveillance Systems being the standard at NJDOT and Iâ??ve also seen Brivo Access Control in other State locations. Instead of having, bidders needing to be authorized dealers or certified dealers of every product would it make sense to change the terminology to something like â??Any vendor installing or servicing any product at any site must be an authorized dealer or certified on the product in each Facilityâ??? The way the bid is written around only RS2 does not qualify an RS2 vendor to work on one of these other products. It in fact would put that dealer and the State both at a disadvantage. It just seems to make sense that whoever the vendor is should have experience in the product that they are working on.

A: The State does not accept this proposed modification. Terms and conditions

23 Attachments

Q: Exhibit D #24DPP000924, page 2, 3.2 II, Are vendors required to use the same method of mark up for mini bids using the discounted worksheet that is used for service? If it is to be done this way, then the same vendor will get all the projects and there wil be reason to bid on these mini bids.

A: As provided in Exhibit D – Method of Operations, Section 3.2(3)(b)(II), Contractors participating in the mini-bid process must submit an itemized list of all materials for the project, including part number, description, list price, and discounted price, if applicable. See Bid Solicitation Section 4.3.3 – Discounts for Equipment, Materials, and Supplies. The State considers the material mark-up percentages provided on the State Supplied Price sheet to be the maximum mark-up that a Contractor can charge the state. Contractors responding to a mini-bid request may offer discounted pricing with a lower material mark-up percentage on a project-by-project basis.

Other

Q: Hi, I entered T2424 in the blanket search, but it yielded zero results.

Please advise. Thank you

A: When accessing NJSTART from the home screen type “T2424” in the search bar. Change the drop down selection to “Blanket” in the drop down menu and then click on the magnifying glass icon.

If there is still difficulties please reach out to the NJSTART Vendor Assistance at (609) 341-3500 or by email at njstart@treas.nj.gov

25 Other

Q: How does a vendor confidentially submit a redlined terms and conditions document by tomorrow 09/26/2023?

A: All requested modifications to the terms and conditions were required to be submitted during the electronic Q&A period. As stated in Bid Solicitation Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC):

"Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s)." Additionally, as stated in Bid Solicitation Section 3.11, Bidder Additional Terms Submitted with the Quote: "Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission."

There will not be any post-Quote opening negotiations or discussions regarding the Blanket P.O. terms beyond those outlined in Bid Solicitation Section 8.12, Best and Final Offer (BAFO).

26 Other

Q: Do the vendors have to acknowledge an intent to respond? In exhibit D "The Mini Bid Process" requires this; however we do not see this in the main solicitation.

A: In order to be considered for award, the Bidder’s Quote must be received electronically by the Division’s Proposal Review Unit, through NJSTART, by the required date and time. The date and time of the Quote opening are indicated on the Bid Solicitation cover sheet and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. If the Quote opening deadline has been revised, the new Quote opening deadline will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

If Bidders wish to be considered for any future project service tasks and consulting services through the mini-bid process they are to fill out Price Lines 11-12 on the State-Supplied Price Sheet. Using Agencies will send out an RFQ package to all awarded Contractors who have submitted Price Lines 11-12 on the State-Supplied Price Sheet if future project service or consulting services are requested. Per Exhibit D – Method of Operations, Vendors will have five (5) days to respond if they are interested In Bidding on the RFQ.

mailto:njstart@treas.nj.gov

27 Other

Q: While logged in to NJSTART Item Information appears below showing items 1,3, and 4 -11. Each item references submitting pricing using the State-Supplied Price Sheet located as an attachment; however, these items do not appear on the attached price sheet. Are these items relevant to the bid?

A: The information listed in the Items Tab are used to create a single line item for each commodity code (NIGP) that will advise Bidders of the Bid Solicitation.

Bidder’s pricing is to be submitted on the State-Supplied Price Sheet that is accompanying this Bid Solicitation located on the Attachments Tab.

28 Other

Q: Do all vendors need to have their burg alarm license with the State of NJ?

A: Yes, the Contractor is to have their burglar alarm license issued by the New Jersey Division of Consumer Affairs. Please see Section 1.1, Purpose and Intent in “T2424 REVISED Bid Solicitation 10/24/2023”.

29 Other

Q: Do all vendors need to be DPMC Certified?

A: No, Vendors do not have to be registered with the Division of Property Management & Construction (DPMC),